New CA Meal Break Case, 5-7-25
New CA Meal Break Case
Is a written prospective waiver of a meal break effective for shifts between five and six hours?
Last month, the California Court of Appeal decided this issue of first impression. Below is my one-paragraph summary of this new decision:
Bradsbery v. Vicar Operating, Inc. (2025) __ Cal.App.5th __, 2025 WL 1155812: The Court of Appeal ruled on an issue of first impression regarding meal breaks. Can an effective mutual waiver by an employer and employee of the 30-minute meal period after five hours of work, occur prospectively and in writing pursuant to Labor Code Section 512, which provides that for shifts between five and six hours the first meal period may be waived by mutual consent of both the employer and employee? The Court of Appeal affirmed the trial court’s order granting defendant’s motion for summary judgment in plaintiffs’ wage and hour action alleging that defendant failed to provide employees with the meal periods required by section 512 and IWC Wage Order Nos. 4-2001 (Wage Order No. 4) and 5-2001 (Wage Order No. 5). Defendant’s motion for summary judgment argued that plaintiffs signed a valid written agreement that prospectively waived all waivable meal periods throughout plaintiffs’ employment with defendant, and the agreement provided plaintiffs could revoke the agreement at any time. The trial court concluded the waivers were valid. The Court of Appeal agreed, concluding that the revocable, prospective waivers plaintiffs signed were enforceable in the absence of any evidence the waivers were unconscionable or unduly coercive, and Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004 does not require a contrary result. (C.A. 2nd, April 21, 2025.)
I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of a highly experienced civil trial lawyer, with big firm experience, providing small firm attention and reasonable rates. To discuss a potential case, email me at [email protected], or call me at (619) 990-4312.
Until my next blog post, do well and be well.
Best regards,
Monty A. McIntyre, Esq.
Civil Trial Attorney
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]
